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Criminal Conduct (Omissions (Contract
If someone is contractually obliged…
Criminal Conduct
Omissions
Statute
Sometimes there is a statutory obligation to do something, like stopping at the scene of a crash. To not stop is an offence
Contract
If someone is contractually obliged to do an act, and someone gets hurt as a result, the someone becomes liable
R v Pittwood (1902) 19 TLR 37
A train track gatekeeper failed to close the gates. As a result someone went across the tracks and was killed by a train. The gate keeper was liable.
Public Office
If a person holds a public office and is expected to act, but doesn't, they are liable for the crime that results
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Danger
If a dangerous situation develops, then a person has a duty to stop it.
R v Miller [1983] 2 AC 161
The criminal accidentally started a fire, but when he realised it had happened, failed to do anything about it. At the point, he became liable
Taking Responsibility
If you take responsibility, you become liable
R v Stone [1977] QB 354
The criminal took responsibility for caring for someone who was mentally ill. When that person dies, the criminal became liable for neglect
Young Person
Where someone is responsible for a young person, they are liable to things that happen to that young person
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Voluntary Action
All actions must be voluntary and of the persons own free will either to DO something or NOT.
An act is not voluntary when it is reflexive
An act is not voluntary when it results from UNEXPECTED bodily impairment
Physical Ailment
Unexpected
If a physical ailment is not to attract 'wilfulness' it must be unexpected. If it is then it can't be said to be vuluntary
Expected
This might be like when a person blacks out due to a known illness. If they know it is a possibility and still put themselves in a position where those black outs could cause damage o affect others then it is said to be wilfull
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